Lawyers are expensive.
To say anything else about the cost of lawyers would be a lie.
Cost is always a concern with parties that are contemplating divorce or separation. Rightly so. A recent study put the average cost of divorce in Canada at $32,000.00. That is a significant cost for the average income earner.
The finger usually is pointed at the lawyer. However, I often think clients are incorrect for the most part. A majority of lawyers are always conscience of the cost in family law proceedings. Our clients are real people, not corporate entities. Controlling costs starts with the client.
Andrew Feldstein, a leading family law practitioner in Ontario has written a series of "white papers" on the state of family law in Canada. The papers are a must read for anyone who is involved in family law proceedings as a stakeholder or a litigant. Mr Feldstein identifies three key factors that result in high fees in family law proceedings:
1. Adversarial - once the parties become entrenched in a position and determine that only a judge should decide the outcome, be prepared to pay the price. Literally. In Alberta we have morning chambers which is family court that sits daily, however, only interim relief is granted in morning chambers. If you have anything that will take longer than 20 minutes (which is usually everything) it will need to go to either a domestic special, viva voce (live evidence) hearing or trial. All very costly.
2. Unreasonable - if once piece of advice exists that can apply to any litigant in any area of law it is this: be reasonable. In family proceedings when people become unreasonable the costs go up. For example, refusing the other parent access or not providing documents during disclosure. Those are unreasonable positions and create "make work" projects for both lawyers. One lawyer demands something and the other lawyer, on the client's instruction, maintains the unreasonable position. The end result is litigation. See factor number one above.
3. Transparent - financial disclosure can always cause complications when parties are not forthcoming about assets and valuation of those assets. Particularly when business interests are at play. Undervaluing a business seen quite often in order to keep the spouse's share low when a division of assets is to take place. This may lead to both parties getting valuations and ergo an increase in costs again.
Being conscious of the factors outlined above can help those dealing with a dissolution of a marriage manage the cost of the process effectively.
To say anything else about the cost of lawyers would be a lie.
Cost is always a concern with parties that are contemplating divorce or separation. Rightly so. A recent study put the average cost of divorce in Canada at $32,000.00. That is a significant cost for the average income earner.
The finger usually is pointed at the lawyer. However, I often think clients are incorrect for the most part. A majority of lawyers are always conscience of the cost in family law proceedings. Our clients are real people, not corporate entities. Controlling costs starts with the client.
Andrew Feldstein, a leading family law practitioner in Ontario has written a series of "white papers" on the state of family law in Canada. The papers are a must read for anyone who is involved in family law proceedings as a stakeholder or a litigant. Mr Feldstein identifies three key factors that result in high fees in family law proceedings:
1. Adversarial - once the parties become entrenched in a position and determine that only a judge should decide the outcome, be prepared to pay the price. Literally. In Alberta we have morning chambers which is family court that sits daily, however, only interim relief is granted in morning chambers. If you have anything that will take longer than 20 minutes (which is usually everything) it will need to go to either a domestic special, viva voce (live evidence) hearing or trial. All very costly.
2. Unreasonable - if once piece of advice exists that can apply to any litigant in any area of law it is this: be reasonable. In family proceedings when people become unreasonable the costs go up. For example, refusing the other parent access or not providing documents during disclosure. Those are unreasonable positions and create "make work" projects for both lawyers. One lawyer demands something and the other lawyer, on the client's instruction, maintains the unreasonable position. The end result is litigation. See factor number one above.
3. Transparent - financial disclosure can always cause complications when parties are not forthcoming about assets and valuation of those assets. Particularly when business interests are at play. Undervaluing a business seen quite often in order to keep the spouse's share low when a division of assets is to take place. This may lead to both parties getting valuations and ergo an increase in costs again.
Being conscious of the factors outlined above can help those dealing with a dissolution of a marriage manage the cost of the process effectively.